KRE 1 Flashcards
What is the definition of a known suspect?
There is sufficient information about the suspect to make an arrest. It does not mean they necessarily have previous convictions or the victim/witness knows them. The witness will be asked to complete a formal identification process Eg video ID
An example could be a domestic involving a husband who has since fled the scene - he would be known (not necessarily to the police)
What is the definition of an unknown suspect?
There is insufficient information to make an arrest and an informal identification must be completed (eg street ID)
An example of this would be a robbery whereby the suspect has fled the scene
List some formal identification processes
Video ID - images of suspects who look similar
ID parade - Line up of suspects among others who look similar
Group ID - suspect is mixed into a crowd in a busy location
Confrontation - one to one confrontation with witness and suspect
What rank of officer is able to authorise a formal identification process?
Inspector
List some informal identification processes
Street ID/Drive-by - suspect is in a crowd with a police officer and victim/witness ID’s them from a police vehicle
Street ID/Drive-around - suspect is in a crowd without any police and victim/witness ID’s them ideally from am unmarked police vehicle
WADS (witness album display system) - album of photographs of nominals relative to the crime committed. Must be authorised by sergeant
E-fit - composite created by specialist that is circulated via the media
List the 9 policing principles
Honesty, integrity, accountability, fairness, leadership, objectivity, openness, respect, selflessness
List the 10 standards of professional behaviour
Honesty and integrity, authority respect and courtesy, equality and diversity, use of force, orders and instructions, duties and responsibilities, confidentiality, fitness for work, conduct, challenging and reporting improper behaviour
Who is a victim?
Someone who has been subjected to physical, emotional or mental harm that was directly caused by criminal behaviour OR someone who is a close relative of someone that has been harmed.
When identifying if a victim/witness is vulnerable or intimidated, what must a PC consider?
Vulnerable: Are they U18 Do they have a mental disorder/disability Are they in shock Are they a repeat victim
Intimidated: The nature of the offence The victims personal circumstances The behaviour towards the victim Views of the victim
When being assigned a victim, how long does a PC have to make contact?
24 hours
What are the 9 protected characteristics?
Marriage/civil patnership Age Sex Disability Religion/belief Gender reassignment Sexual Orientation Colour Pregnancy/maternity
Describe the term hate crime
Any offence or incident which is perceived, by the victim or any other person, to be motivated by hostility or prejudice based on race, religion, sexual orientation, disability or transgender (or perceived association with any of the above)
Describe S146 Criminal Justice Act 2003
Increases sentences for offences that are partly or wholly motivated due to disability, sexual orientation or being transgender
Describe S28 Crime and Disorder Act 1998
Increases sentences for offences that are partly or wholly motivated due to race or religion
What offences and what characteristics mean that a sentence can be increased if the offence is aggravated because of a characteristic (mnemonic)
CORN on CHAP Colour Origin Race Nationality on Criminal Damage Harassment Assault (GBH, Common, ABH) Public Order (S4/4a/5)
Describe S135 Mental Health Act 1983
Allows a constable, in the presence of an approved mental health worker, to force entry into a premise for the purpose of a removing said person to a place of safety if they are considered to be ill-treated, neglected or unable to take care of themselves and they live alone. It also allows a warrant for the purpose of returning someone to a mental health facility
Describe S136 Mental Health Act 1983
Allows a constable, who has reasonable grounds to believe a person is suffering from a mental health disorder, to be removed from any place where the public has access, and taken to a place of safety for the protection of themselves and/or the public
Describe S138 Mental Health Act 1983
A person who has escaped from legal custody can be re-taken by a constable or approved mental health worker
Describe S4 of the Mental Capacity Act 2005
Identifying the persons best interest (capacity). Must be a persons 16 years or over.
I.D A C.U.R.E (mnemonic)
Do they have an:
Impairment (temp or permanent)?
Disturbance of the mind?
And cannot (you only have to satisfy one of the below::
Communicate
Understand
Retain
Employ (based on the information can they make a decision?)
Who is considered a child?
Anyone U18 and unborn children
Describe S46 of the Childrens Act 1989
If a constable has reasonable cause to believe a child between 0 and 18 may likely experience significant harm, they can remove said child to a place of safety or take reasonable stops to prevent a child from being removed from a hospital
How long can a child be kept in police protection?
72 hours
What rank of officer can become a designated officer when dealing with a child that have been taken into police protection?
Inspector
Describe Anti-social behaviour
Behaviour that causes or is likely to cause another person harassment, alarm or distress that does not live in the same household as them
What are 8 different disposal options for ASB?
Verbal/written warnings Restorative Justice Community resolutions PND Injunctions Criminal Behaviour Orders Parenting contracts Mediation Acceptable Behaviour Contracts
Describe S50 Police Reform Act 2002
An police constable in uniform or PCSO can request the name and address of a person who is displaying anti-social behaviour. Failure to provide these details is a criminal offence
Describe S59 Police Reform Act 2002
If someone is driving a vehicle in a manner that causes harassment, alarm or distress whether on road or off road (eg car park), a police constable in uniform may stop the vehicle, seize the vehicle, enter any premises where the vehicle is believed to be and use reasonable force in execution of the above
Describe Domestic Abuse
Any incident of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 years or over that is or was in an intimate relationship or family members regardless of gender or sexuality.
Describe S76 Serious Crime Act 2015
It is an offence for a person to engage someone they personally know in controlling and coercive behaviour, the behaviour seriously effects the victim and the suspect know or ought to know that that would be the outcome
Describe S2 Protection from Harassment Act 1997
A person who pursues a course of conduct in breach of S1/S1A will be guilty of the offence
Describe S2A Protection from Harassment Act 1997
Stalking
Describe S1 and S1A Protection from Harassment Act 1997
S1 is the prohibition of harassment against 1 person and S1A is the prohibition of harassment against 2 people
Describe S3 Protection from Harassment Act 1997
Breach of injunction
Describe S2A Protection from Harassment Act 1997
Allows a police constable to apply for a warrant for access into a premises if there is reasonable ground to believe a S2 offence has been or is taking place or there is reasonable ground to believe there is evidence within that premises in relation to the offence
Describe S4 Protection from Harassment Act 1997
A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.
Describe S4A Protection from Harassment Act 1997
A persons whose conduct amounts to stalking and also causes another on at least 2 occasions to fear violence or serious alarm or distress
Describe S5 (5)
Breach of restraining order
What sections of the Protection from Harassment Act 1997 may be racially or religiously aggravated?
S2, S2A, S4 and S4A
Describe a high, medium and low risk missing person
High - the risk is considered immediate and there are substantial grounds to believe that the subject or public are in danger because of their mental state or vulnerabilities
Medium - the risk posed is likely to put the subject in danger or they are a threat to themselves or the public. This is the minimum level of risk for a person under 18
Low - No apparent threat of danger to themselves or public
Describe S1 Theft Act 1968
When a person dishonestly appropriates property, belonging to another, with the intention of permanently depriving them of it
What is not considered property in relation to the Theft Act 1968
Wild flora unless sold
Land
Wild animals unless captive
Electricity
What are the defenses in relation to the Theft Act 1968?
They had an honest held belief that they had a legal right to take the property, the property did not have an owner or they thought they had permission from the owner
Describe S9 (1) (A) Theft Act 1968
If a person enters any building or part of a building as a trespasser and steals, inflicts GBH or criminal damage or attempts to, they will be guilty of burglary
(Eg enters a building with the sole purpose of stealing items)
Describe S9 (1) (B) Theft Act 1968
If a person, having entered any building or part of a building as a trespasser, steals or inflicts GBH or attempts to, they are guilty of burglary.
(Eg is at a house party with permission but enters a room which is outside of the invite and steals something)
Describe S10 Theft Act 1968
Aggravated burglary (think W.I.F.E) Weapon Imitation firearm Firearm Explosives
Describe S39 Criminal Justice Act 1988
Common assault - little or not injury
Describe S47 Offence Against the Persons Act 1861
Actual Bodily Harm - hurt or injury that includes psychological damage (more extreme than fear/shock/panic that will pass)
Describe S20 Offence Against the Persons Act 1861
Maliciously or unlawfully wounds or inflicts GBH on another with or without a weapon or instrument.
Injuries include permanent disability, serious disfigurement, loss of function, broken bones etc
Describe S18 Offence Against the Person Act 1861
Intentionally commits GBH or resist or prevents lawful apprehension or detention
Describe S89 Police Act 1996
Assault, resist or willfully obstruct police during lawful execution of their duty or someone assisting them
Describe S5 Public Order Act 1986
Actions that cause or are likely to cause harassment, alarm or distress to a person of reasonable firmness . Can be said, written or displayed. There does not have to be intent and it can be racially or religiously aggravated
Describe S4a Public Order Act 1986
Intentional harassment, alarm or distress aimed at a particular person or group of people. Can be racially or religiously aggravated and can be an either way offence which warrants a S17 if necessary (victim must be outside, cannot occur when both parties are inside a dwelling)
Describe S4 Public Order Act 1986
Fear or provocation of violence - the suspect intends for the victim to fear IMMEDIATE violence (eg ‘i’m gunna f*** you up NOW’)
Can be racially or religiously aggravated
Describe S3 Public Order Act 1986
Affray - used or threatened unlawful violence toward another. There does not have to be a witness but it needs to be determined if a person of reasonable firmness would fear violence.
Can arrest if both parties are in a dwelling
